§ 21-22. Public nudity.

(a)

It shall be unlawful for an individual to intentionally or knowingly appear in a state of nudity in a public place.

(b)

It shall be unlawful for an individual to intentionally or knowingly appear in a state of semi-nudity in a public place unless within a permitted sexually oriented business and valid sexually oriented business employee permit.

(c)

Nude or nudity or state of nudity shall mean the following:

(1)

The appearance of the bare buttock; anus; male genitals; female genitals; or female breast;

(2)

A state of dress which fails to completely or opaquely cover the buttock; anus; male genitals; female genitals; or female breast.

(d)

Semi-nude or semi-nudity or state of semi-nudity shall mean a state of dress that which fails to completely and opaquely cover:

(1)

Human genitals, pubic region or pubic hair; or

(2)

Crevice of buttocks or anus;

(3)

Any portion of the female breast that is situated below a point immediately above the top of the areola; or

(4)

Any combination of the foregoing.

(e)

Public place shall mean any public street, sidewalk, alley, or other public thoroughfare, in or such close proximity thereto, as to be observed the public traveling on such street, sidewalk, or other thoroughfare, and/or all locations owned by or open to the general public inclusive of the sheds, enclosures, buildings, improvements, and fixtures upon the location.

(Ord. No. 2012-12-06-0933, §§ 3, 5, 12-6-12)

Editor's note

Ord. No. 2012-12-06-0933, §§ 3, 5, adopted December 6, 2012, repealed and reenacted section 21-22 in its entirety to read as herein set out. Formerly, section 21-22 pertained to adult arcades, and derived from Ord. No. 67481, § 1, adopted July 7, 1988; Ord. No. 68791, §§ 1—11, adopted February 9, 1989; Ord. No. 98203, § 1, adopted September 25, 2003; Ord. No. 100191, § 1, adopted December 16, 2004. For current provisions pertaining to adult arcades, the user's attention is directed to article IX, division 4 of this chapter.